Man in court fight says he was given ticket for using cellphone while driving when he was just eating a hash brown

Jason Stiber said he has spent $1,000 so far fighting a $300 ticket in the case. (Source: WABC/CNN)

February 23, 2019 at 1:52 AM EST - Updated February 23 at 9:58 AM

NORWALK,CT (WABC/CNN) - A Connecticut man is fighting a ticket for distracted driving after he says the police officer confused his hash brown patty for a cellphone.

Jason Stiber was cited last April after, he says, stopping at a McDonald’s on his way to work and eating a hash brown that was mistaken for a cellphone.

“I don't blame the cop for misinterpreting what he thought he saw, but the fact of the matter is there was no cellphone use and we have cellphone records to establish that fact,” Stiber’s lawyer John Thygerson said.

In court on Friday, Cpl. Shawn Wong Won testified that he saw Stiber holding a black cellphone with the screen illuminated, and his mouth was moving.

But Stiber said he was eating and holding the hash brown by its white wrapping.

"It's our position there was no violation. He's human. He puts his pants on one leg at a time. And cops make mistakes,” Thygerson said.

So far, Stiber has spent around $1,000 in legal fees fighting a ticket that carries a $300 fine.

"I have had a boatload of clients who have decided to fight the hard fight because they feel they’re right, rather than take the path of least resistance and just pay the small fine,” Thygerson said.

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